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No in Annual Series
Guernsey Judgment 1/2002 18.04.2002Richards and Five Others v Law Officers of the Crown Court of AppealCriminal Law—drugs—importation—revision of guidelines for sentencing for offences of importation, possession and supply of drugs, setting out common approach in Guernsey and Jersey to sentence starting point bands for Class A and Class B drugs in various forms, aggravating and mitigating factors with effect on sentence, and other factors to be considered.
Guernsey Judgment 2/2002 18.04.2002Carroll v Highseal Windows LimitedCourt of AppealConflict of Laws—reciprocal enforcement of judgments and orders—registration of foreign judgments—English county court judgments not registrable under Judgments (Reciprocal Enforcements) (Guernsey) Law 1957 but enforceable as debts in summary judgment proceedings.
Guernsey Judgment 3/2002 20.05.2002Waterman v McCormackCourt of AppealLand Law—co-ownership—shares of co-owners—if one joint owner provides all or most funds to purchase property in which both live, in absence of different shares stated in conveyance court should determine that ownership held in equal, undivided shares and order proceeds of sale to be divided equally between joint owners.
Guernsey Judgment 4/2002 27.05.2002Administrator of Income Tax v Tremoille Properties LimitedRoyal CourtIncome Tax—deductions—loan arrangements—loan not usually capital asset, but may be, e.g. if so inextricably linked with retaining taxpayer's primary capital asset that properly regarded as capital asset itself—payment to effect base rate cap agreement to protect against adverse interest rate fluctuations may be allowable deduction from income for tax purposes Income Tax—deductions—test to be applied—in absence of relevant Guernsey authority, English test applied for whether payment constitutes revenue or capital expenditure for purpose of deductions—court to balance various factors pointing one way or other, e.g. nature and effect of payments and of benefits obtained in return
Guernsey Judgment 5/2002 14.06.2002Long Port Properties Limited v Trinity Investments Limited and Charroterie Developments Limited (No. 2)Royal CourtContract—misrepresentation—negligent misrepresentation—contract for purchase of land not invalidated by oral negligent misrepresentation if contract terms state no oral representation relied upon—may still bring action for damages for negligent misstatement. Tort—negligence—negligent misstatement—no duty of care unless special relationship of skill and confidence—vendor of land for development owes no duty of care to inexperienced purchaser to ensure representations about outline planning permission accurate—purchaser should obtain independent advice before entering contract.
Guernsey Judgment 6/2002 05.07.2002Reid, Bryson and Spickernell v European Internet Capital Limited and Four OthersCourt of AppealCompanies—shareholders—right to convene meeting—agent may requisition meeting on shareholders' behalf provided shareholders recognized as company to do so and all consent—if consent not properly obtained by requisitioning instruments, subsequent ratification not possible, but oral consent prima facie suggests consent obtained and meeting may validly be held. Companies—shareholders—right to convene meeting—court may exceptionally grant interim injunction restraining shareholders from removing directors, e.g. if disputed shares relied on for right to call meeting, serious disruption caused if shares then declared invalid and damages insufficient remedy, and on balance of convenience injunction better than considerable uncertainty whilst validity of shares determined in foreign jurisdiction.
Guernsey Judgment 7/2002 05.07.2002Smith v Education Council of the StatesCourt of AppealEmployment—disciplinary sanctions—use of improper sanction—employee may be estopped from pleading breach of contract if acquiesces in use of improper sanction, e.g. teacher estopped from claiming demotion invalid as not available disciplinary sanction if assumes otherwise, accepts sanction and continues demoted for several years before alleging employer's improper exercise of powers. Estoppel—estoppel by convention—definition and application—estoppel by convention may arise when both parties to transaction act on assumed and mistaken view of facts or law, assumption being shared by both or made by one and acquiesced in by other—estoppel precludes parties from denying truth of assumption if unjust to allow them (or one of them) to go back on it.
Guernsey Judgment 8/2002 08.07.2002Campbell v States Housing AuthorityRoyal CourtHousing—housing licences—Board's discretion—Board to balance relevant factors and arrive at proportionate decision—although open market residents not normally granted housing licences, exception may be justified as proportionate, e.g. if States' planning development policy forces long-term resident out of home, cannot afford other open market property, strong Guernsey familial connections, and granting licence sets only limited precedent for other open market residents.
Guernsey Judgment 9/2002 15.07.2002Stuart-Hutcheson v Spread Trustee Company LimitedCourt of AppealTrusts—beneficiaries—rights—disclosure by trustee—as matter of principle, beneficiary has right to ask trustees for information and documents about trust assets and administration—right of non-vested beneficiary arises from duty of trustees to account to beneficiaries, not proprietary right to documents sought—information not to be limited to state and amount at time of beneficiary's request—may be required to create and compile fresh information.
Guernsey Judgment 10/2002 19.09.2002Marsh v Law Officers of the CrownCourt of AppealEvidence—identity—visual identification—if prosecution case depends on witness previously unacquainted with accused being able to recall accused's appearance from previous sighting, may require Turnbull direction—Jurats to be warned of difficulties of recollection and attention to be drawn to any circumstances of previous sighting affecting reliability of subsequent identification. Evidence—privilege—public interest immunity—proposed disclosure of relevant evidence may attract public interest immunity, e.g. because identifies informant or person assisting police—prosecution to make application to exclude evidence in presence of defendant's advocate if issue can be discussed without disclosing material evidence—court to weigh prejudice to defendant from exclusion against public interest in protecting identities and overriding consideration of fair trial. Human Rights—right to fair trial—evidential irregularities—court to decide whether appellant's right to fair trial under European
Guernsey Judgment 11/2002 20.09.2002Island Development Committee v Portholme Properties LimitedCourt of AppealPlanning Law—appeals—jurisdiction—existence of express provision for appeal from Royal Court to Court of Appeal in comparable statutes (providing for appeals from States Committees) no bar to such appeal under Island Development (Guernsey) Law 1966, which contains no such provision—no reason for appeal from Island Development (Guernsey) Law 1966, s.26(1) to go straight to Privy Council. Planning Law—development—change of use—"infill" developments—Rural Area Plan limits residential development in built-up areas not designated for residential development to "infill" developments comprising one or two properties—applications for "infill" developments to be considered on merits, and not possible to rely on absence of prohibition to justify Island Development Committee allowing "infill" development of 10 properties.
Guernsey Judgment 12/2002 20.09.2002Klabin v Technocom LimitedCourt of AppealCivil Procedure—discovery—"reference" to documents—to justify order for disclosure of document under Royal Court Civil Rules 1989, r.41(2), "reference" to document in pleadings or affidavits must be direct allusion or express reference to document or class of documents—sufficient if makes compendious reference to documents, identifying by character or location in manner clearly distinguishing them from other material referred to. Civil Procedure—discovery—"reference" to documents—under Royal Court Civil Rules 1989, r.41(2), "reference" to be given ordinary meaning and not include reference by inference—insufficient for reference merely to give reader strong grounds to suspect existence of particular document.